JP 3-28, page 38
Defense Support of Civil Authorities
Joint Publication: Defense Support of Civil Authorities
29 October 2018 public edition (Wayback JCS copy; S2 cited as JP 328 / JP 3-28 DSCA)
Searchable page text (OCR / PDF)
Chapter II
II-4
JP 3-28
(2) The tribal leader is responsible for the public safety and welfare of the people
of that tribe. As authorized by tribal government, the tribal leader:
(a) Coordinates tribal resources needed to prevent, protect against, respond
to, and recover from incidents of all types. This also includes preparedness and mitigation
activities.
(b) May have powers to amend or suspend certain tribal laws or ordinances
associated with response.
(c) Communicates with the tribal community and helps people, businesses,
and organizations cope with the consequences of any type of incident.
(d) Negotiates mutual-aid and assistance agreements with other tribes or
jurisdictions.
(e) Requests federal assistance under the Stafford Act when it becomes clear
that the tribe’s capabilities are insufficient.
See JP 3-08, Interorganizational Cooperation, for additional information on insular
governments related to the US.
d. Insular Area Governments. Insular areas covered under DSCA include the
Commonwealth of Puerto Rico, American Samoa, Guam, the US Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau. USG support under DSCA is
coordinated through the existing insular government structure, regardless of the type and
robustness of the government. See Title 48, USC.
2. Federal Role
a. The USG maintains a wide range of capabilities and resources that may be required
to deal with domestic incidents to save lives and protect property and the environment
while ensuring the protection of privacy, civil rights, and civil liberties. All USG
departments and agencies must cooperate with one another and with state, local, tribal, and
territorial governments, community members, and the private sector to the maximum
extent possible.
b. The USG becomes involved with a response when federal interests are involved; if
state, local, tribal, or territorial resources are overwhelmed; and federal assistance is
requested or as authorized or required by statute, regulation, or policy. Accordingly, in
some instances, the USG may play a supporting role to state and local civil authorities by
providing federal assistance to the affected parties. For example, the USG provides
assistance to state, local, tribal, and territorial authorities when the President declares a
major disaster or emergency under the Stafford Act. In other instances, the USG may play
a leading role in the response where the USG has primary jurisdiction or when incidents
occur on federal property (e.g., national parks, military bases).